Mutual Aid

in common. As to the customary law of the Caucasian mountaineers, it is much the same as that of the Longobards or Salic Franks, and several of its dispositions explain a good deal the judicial procedure of the barbarians of old. Being of a very impressionable character, they do their best to prevent quarrels from taking a fatal issue; so, with the Khevsoures, the swords are very soon drawn when a quarrel breaks out; but if a woman rushes out and throws among them the piece of linen which she wears on her head, the swords are at once returned to their sheaths, and the quarrel is appeased. The headdress of the women is anaya. If a quarrel has not been stopped in time and has ended in murder, the compensation money is so considerable that the aggressor is entirely ruined for his life, unless he is adopted by the wronged family; and if he has resorted to his sword in a trifling quarrel and has inflicted wounds, he loses forever the consideration of his kin. In all disputes, mediators take the matter in hand; they select from among the members of the clan the judges⁠—six in smaller affairs, and from ten to fifteen in more serious matters⁠—and Russian observers testify to the absolute incorruptibility of the judges. An oath has such a significance that men enjoying general esteem are dispensed from taking it: a simple affirmation is quite sufficient, the more so as in grave affairs the Khevsoure never hesitates to recognize his guilt (I mean, of course, the Khevsoure untouched yet by civilization). The oath is chiefly reserved for such cases, like disputes about property, which require some sort of appreciation in addition to a simple statement of facts; and in such cases the men whose affirmation will decide in the dispute, act with the greatest circumspection. Altogether it is certainly not a want of honesty or of respect to the rights of the congeners which characterizes the barbarian societies of Caucasus.

The stems of Africa offer such an immense variety of extremely interesting societies standing at all intermediate stages from the early village community to the despotic barbarian monarchies that I must abandon the idea of giving here even the chief results of a comparative study of their institutions.151 Suffice it to say, that, even under the most horrid despotism of kings, the folkmotes of the village communities and their customary law remain sovereign in a wide circle of affairs. The law of the State allows the king to take anyone’s life for a simple caprice, or even for simply satisfying his gluttony; but the customary law of the people continues to maintain the same network of institutions for mutual support which exist among other barbarians or have existed among our ancestors. And with some better-favoured stems (in Bornu, Uganda, Abyssinia), and especially the Bogos, some of the dispositions of the customary law are inspired with really graceful and delicate feelings.

The village communities of the natives of both Americas have the same character. The Tupi of Brazil were found living in “long houses” occupied by whole clans which used to cultivate their corn and manioc fields in common. The Arani, much more advanced in civilization, used to cultivate their fields in common; so also the Oucagas, who had learned under their system of primitive communism and “long houses” to build good roads and to carry on a variety of domestic industries,152 not inferior to those of the early medieval times in Europe. All of them were also living under the same customary law of which we have given specimens on the preceding pages. At another extremity of the world we find the Malayan feudalism, but this feudalism has been powerless to unroot the negaria, or village community, with its common ownership of at least part of the land, and the redistribution of land among the several negarias of the tribe.153 With the Alfurus of Minahasa we find the communal rotation of the crops; with the Indian stem of the Wyandots we have the periodical redistribution of land within the tribe, and the clan-culture of the soil; and in all those parts of Sumatra where Muslim institutions have not yet totally destroyed the old organization we find the joint family (suka) and the village community (kota) which maintains its right upon the land, even if part of it has been cleared without its authorization.154 But to say this, is to say that all customs for mutual protection and prevention of feuds and wars, which have been briefly indicated in the preceding pages as characteristic of the village community, exist as well. More than that: the more fully the communal possession of land has been maintained, the better and the gentler are the habits. De Stuers positively affirms that wherever the institution of the village community has been less encroached upon by the conquerors, the inequalities of fortunes are smaller, and the very prescriptions of the lex talionis are less cruel; while, on the contrary, wherever the village community has been totally broken up, “the inhabitants suffer the most unbearable oppression from their despotic rulers.”155 This is quite natural. And when Waitz made the remark that those stems which have maintained their tribal confederations stand on a higher level of development and have a richer literature than those stems which have forfeited the old bonds of union, he only pointed out what might have been foretold in advance.

More illustrations would simply involve me in tedious repetitions⁠—so strikingly similar are the barbarian societies under all climates and amidst all races. The same process of evolution has been going on in mankind with a wonderful similarity. When the clan organization, assailed as it was from within by the separate family, and from without by the dismemberment of the migrating clans and the necessity of taking